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2025/024: An authority's decision to issue a notice to fix in relation to a unit and wastewater disposal system

This determination considers a notice to fix issued for building work carried out without first obtaining a building consent, in contravention of section 40 of the Building Act.

The determination discusses the particulars required in a notice to fix for a section 40 contravention.

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Detailed regulatory guidance on the BCA accreditation scheme

The Ministry of Business, Innovation and Employment (MBIE) has developed detailed regulatory guidance for the building consent authority (BCA) accreditation scheme. You can access the guidance, and minimum standards and criteria for each regulation, to better understand the accreditation requirements of the scheme.

2024/024: Authority’s refusal to modify a building consent for two relocatable detached dwellings to allow for separate code compliance certificates

This determination considers an authority's decision to refuse to modify a building consent for two relocatable dwellings built in a factory by administratively splitting it to allow for individual code compliance certificates to be issued.

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2023/038: The authority's decision to issue a notice to fix for weathertightness remedial work to a 17-year-old building

This determination considers the authority's decision to issue a notice to fix. The matter concerns alleged contraventions with Building Code clause E2 External moisture, building work carried out other than in accordance with a building consent, and the timeframe and remedies in the notice.

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2023/031: Decision by an authority to grant a building consent and issue a code compliance certificate for a relocatable dwelling

This determination considers the decision of the authority to grant a building consent and issue a code compliance certificate for a dwelling. The owner is of the view that several aspects of both the design and as-built construction do not comply with various clauses of the Building Code. The main issues relate to the weathertightness and stability of the dwelling.

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2025/012: The issue of a notice to fix for building work carried out without building consent

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

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2024/068: The issue of a notice to fix for a deck constructed without a building consent.

This determination considers the authority’s decision to issue a notice to fix for an alleged contravention of section 40 of the Act in relation to the construction of a deck.

This determination also considers whether the building work for the deck is exempt from the requirement to obtain a building consent under clause 24 of Schedule 1 of the Act.

This determination further considers the form and content of the notice to fix.

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2025/011: An authority’s decision to grant a building consent under section 72 in relation to slippage on neighbouring land

This determination considers an authority's decision to grant a building consent under section 72 for a new building on land adjacent to a neighbouring property that is subject to the natural hazard of slippage.

The matter turns on whether the neighbouring land is intimately connected with the land on which the building work is being carried out. 

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2025/005: An authority’s refusal to grant a building consent in relation to the conversion of one level of an existing multistorey building

This determination considers an authority’s refusal to issue a building consent for conversion of one level of a multi‐storey building from commercial to residential use.

It considers the reasons for the refusal under section 50 of the Building Act 2004, and provides comments on section 115 decision‐making.

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2025/041: An authority’s decision to grant a building consent under section 72 for building work on land subject to slippage

This determination considers an authority’s decision to grant a building consent under section 72.

The determination considers the natural hazard provisions, including whether the land is subject or likely to be subject to the natural hazard of slippage, and whether to grant a modification of clause B1 Structure.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: